The land is allocated within the Westbury on Trym Conservation Area and the land is protected by a blanket TPO 340.

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2 SITE DESCRIPTION The site is occupied by a large single dwelling house which was built in The building is surrounded by large trees and has a substantial rear garden. The land is allocated within the Westbury on Trym Conservation Area and the land is protected by a blanket TPO 340. The building has been empty since it was completed. RELEVANT HISTORY 01/04390/P: Outline application for residential development - refused April /03174/P: Outline application for 2 houses - refused December /00214/P: Outline application for one new dwelling, granted at Committee in July /00220/M: Reserved matters for design, external appearance and landscaping for single dwelling, granted July /00577/F: Erection of detached dwelling and garage, granted at Committee on 11 October /03237/F: Erection of a 5 bedroom dwelling house. (Amendment to existing planning consent ref No. 06/00577/F). Granted APPLICATION Planning permission is sought to change the use of the building from C3 residential to serviced offices with a use class of B1 offices. The application has been made due to the lack of interest in the dwelling since the building was complete. The problems with selling the property have been covered by the local press. 7 parking spaces are proposed with cycle storage and a recycling collection point. One dying tree will be removed and replaced with an English oak. Additional information submitted on the 21st July, providing an assessment of Adopted local Plan policy H1 and a sequential test as required by PPS6: Town Centres. A revised car parking plan was submitted as was further information on a raised platform to resolve the implications with the tree roots. RESPONSE TO PUBLICITY AND CONSULTATION Neighbouring residents consulted. Site notice and press advert also issued. 10 objections received stating the following during the first consultation exercise: Principle of use (Key issue A) The proposed use as offices is inappropriate leading to noise during the day and security issues out of hours. There is no local requirement for office space. The Bristol Civic Society has stated that the building should remain in residential use in this principally residential part of Bristol

3 The close proximity of offices at 1 Henbury Road will create a risk of distorting the areas balance of uses. There is excess available office space already in Westbury. There is no adequate proof of need. This proposed use will become more vacant office space. Impact on neighbours (Key issue B): The proposed car park is immediately adjacent to the boundary with 29 Shipley Road. The recycling centre is in a difficult position to access. Traffic and transport implications (Key issue C) Increased use of the access onto Henbury Road and the additional on street parking significantly increase the risks associated with this junction. Inadequate level of car parking. Additional parking will be created in Shipley Road. The site is located close to the junction, this proposal may cause disruption. The proposal will also result in further congestion. Impact on trees (key issue D) The large valuable Horse Chestnut tree has been damaged previously and is likely to be dead. This should be replaced under the provisions of the Tree Preservation Order. If replacement planting is carried out there will not be space for the car park. The parking area is located close to protected trees. Construction and use for the car park is likely to be detrimental to the plants and the value of my garden. During the second consultation period following the submission of further information on the 21st July, two further comments were received, one which made general comments regarding the damage caused by the cypress hedge to a number of trees and plants in the neighbouring garden and the chestnut tree on the application site. The residents suggest this hedge should be replaced. Case officer note: this is not relevant to the assessment of this application. OTHER COMMENTS Highways Development Control, Strategic Development Division has commented as follows:- Originally objected to the level of car parking being excessive and that there was not sufficient space within the front garden to ensure that all vehicles would exit in a forward gear. Further to the submission of amended plans revising the parking layout to 7 spaces, the highways team has no objection to the scheme. Arboricultural Team has commented as follows:- Further to submission of details access driveway and a revised plan layout, the tree officer is satisfied with the proposal and the proposed driveway to the rear of the site will have an acceptable impact on the trees. Economic Regeneration has commented as follows:- A search of the investwest database of commercial property currently on the market indicates that there is a low level of supply of small offices in North Bristol

4 Findings from a report on managed workspace in Bristol commissioned by the Council's Economic Development Team in 2008: This report indicates a high level of confidence and demand in the Bristol market for managed workspace and states that the availability of parking space and access to the motorway are key selling points for serviced offices in North Bristol. The Council's Economic Development Team therefore supports the proposed development. RELEVANT POLICIES Bristol Local Plan, Adopted December 1997 H1 B1 B2 B7 B13 B15 M1 B4 NE3 EC1 Retention of Residential Accommodation Design Criteria and Development Local Context Landscape Treatments and Environmental Works Conservation Areas & Listed Buildings: General Principles Streets and Open Space Transport Development Control Criteria Safety and Security Trees and Woodlands (including tree planting and the Community Forest) Promoting Growth: Environmental Considerations First Deposit Proposed Alterations To The Bristol Local Plan (February 2003) H1 Retention of Residential Accommodation Planning Policy Guidance, Planning Policy Statements and Supplementary Planning Guidance PPS6 Planning for Town Centres (March 2005) PPG 13 Transport - March 2001 KEY ISSUES (A) IS THE CHANGE OF USE ACCEPTABLE? The proposal seeks consent to change the use of the building which was approved under application 07/03237/F, from a single dwelling to serviced offices which will have a floorspace of 327 square metres. The Bristol local plan seeks to retain suitable residential accommodation, to ensure that there is an acceptable level of housing stock in the area. Policy H1 states that development involving the change of use of the existing residential accommodation will only be permitted when: (i) (ii) (iii) it would not unacceptably erode the city s housing stock, or it consist of a community service, or the accommodation is unsuitable for residential use. The applicants have submitted a justification in reference to policy H1, to support the planning application on the 21st July. In order to justify the loss of residential, one of the three tests listed above under policy H1 must be met. In response to point (i) the applicants have stated that the value of the house at 900,000 to 1.1m removes a high proportion of families from the market, and only approx 2% of the population could afford a property at this cost. The applicant considers that the loss of this unit will not unacceptably erode the city s housing stock. The justification also states that the property has been on the market for over two years and while there was some interest this was not pursued for a number of reasons in particular the current economic downturn. In the opinion - 3 -

5 of the officers, it is considered that the loss of one substantial large dwelling will not unacceptably erode the housing stock in the city, and consequently the proposal is considered to comply with policy H1. (The proposed alterations to the adopted Local Plan 2003 has policy H1, has little weight at appeal, but for information has the following criteria (i) there are no other alternative sites or premises in the area for the proposed use, (ii) it benefits local residents, (iii) the accommodation is unsuitable for continued residential use) It is also considered that Government Guidance Planning Policy Statement 6: Town Centres is also relevant in the assessment of this application. The application site is located approx 500m from the heart of Westbury Village which is classed as a town centre within the adopted Bristol Local Plan Consequently due to the sites position in what is classed as an edge of centre location (as defined within PP6: For office development, locations outside the town centre but within 500 metres of a public transport interchange) it is considered that the application triggers the requirement for a sequential test to be submitted to provide information on the impact of the proposal on the town centre in line with the requirements of PPS6. This planning policy states that `In the context of development control local planning authorities should require applicants to demonstrate the following : a) the need for development b) that the development is of an appropriate scale c) that there are no more central sites for the development d) that there are no unacceptable impacts on existing centres e) that locations are accessible In response to the requirement for a sequential test the applicants have stated the following: a) Need: There is a significant demand for serviced office space in the area, which is supported by the Councils Economic Development Team, and also by the interested shown when the site was advertised as offices, which had a significant interest and was enough to full occupy the proposed office space. b) Scale of development: The justification states that the scale of the development is appropriate. c) Other central sites: The applicant has stated that there is no other sites available in Westbury On Trym village, and there are no suitable serviced office accommodation like what is proposed by this application. The majority of office accommodation in the village is occupied, but none of these are serviced offices. The other out of centre office use, Rambourne House (which is near the site) has no vacancies. Any vacant offices available within the centre are located above shops but are not serviced offices. d) Impact on town centre: The applicant has stated that the development will not have an impact on Westbury Village. e) Accessible locations: The justification states that the site is located near public services. In assessing the information submitted in accordance with PPS6, it is considered that the applicant, has on balance demonstrated that the development would not conflict with this government guidance. The proposed floorspace of 327 square metres and the location of the use on what can be classed as an `out of town centre site will not undermine the town centre of Westbury Village. The justification sets out the clear demand for the serviced office space by the fact that the development has had a significant level of interest and is also supported by the Comments from the Economic Regeneration Team that there is a low level of supply of small offices in North Bristol and a high level of confidence and demand in the Bristol market for managed workspace

6 The sequential test has identified office accommodation that exists in the town centre and has concluded that there are no available sites for serviced office accommodation, or any in the pipeline. The vacant offices which exist on upper floors above shops were not considered appropriate in comparison to unique serviced office accommodation, and the nearest serviced offices available are also located in a `out of centre location, and these are considered to be well occupied. Consequently on balance, the applicants have demonstrated that there are no other suitable sites within the town centre, and that the proposed use, subject to the assessment of the following key issues is acceptable in principle. (B) WOULD THE PROPOSAL UNACCEPTABLY AFFECT THE RESIDENTIAL AMENITY OF THE AREA? A local resident has commented that the proposal will have an impact on their garden which backs onto the rear of the site. The car park will be located approx 12m from the rear boundary (at its closest point and the boundary has a thick level of vegetation. Also there will not be a constant flow of vehicles into the car parking area, and subsequently the noise from the use of this space would not be significant enough to warrant a refusal. The proposed B1 office use is unlikely to generate activity which would result in excessive noise and disturbance, and taking into account the size of the plot it is not considered reasonable to control the hours of use. It is also noted that the Use Class Order defines B1 uses as a use which can be carried out in any residential area without detriment to the amenity of the area by reason of noise, vibration, smell, fumes, smoke etc. In conclusion the proposal will not harm neighbouring residential amenity. (C) WOULD THE PROPOSED DEVELOPMENT SATISFACTORILY ADDRESS TRANSPORT AND MOVEMENT ISSUES? The highway implications of the proposal need to be assessed against the transport policies in the Local Plan. In particular policy M1 refers to highway safety, volume of traffic and car and cycle parking provision. Following the submission of plans which provided 10 parking spaces, higher than the maximum standards set out in the Adopted Bristol Local Plan, a revised plan has been submitted which have reduced the parking level to 7 spaces. This is inline with the adopted Bristol Local plan standards which has a maximum provision of 1 space per 50 square metre of B1 uses, ( which is 7 spaces for the proposed level of floorspace). Highways Development Management team has advised that they have no objections to the level of parking or any highway safety issues and do not consider that the proposed use would generate a significant level of additional traffic. It is considered that the level of car parking proposed should not be beyond the maximum standards, the site is located close to the town centre and is accessible to other forms of transportation. Consequently it is not considered appropriate to allow a higher level of parking provision in what is considered to be a sustainable location. (D) WOULD THE PROPOSAL HAVE AN IMPACT ON THE PROTECTED TREES? Policy NE3 of the adopted Local Plan states that development involving the loss of or damage to trees which are of landscape, amenity or nature conservation value will not be permitted, unless unacceptable harmful effects of the development can be overcome and replacement planting can be achieved

7 The original plans raised concerns for the future health of number of trees which are protected by a TPO. The City Tree officer advised officers that two trees should be removed because of the impact of the proposed driveway, and that the tree located next to space 1 will also suffer damage from groundworks. This would also need to be removed if the proposal was to be implemented as indicated. He also advised that the existing large Chestnut tree in the middle of the rear garden should also be removed because it ahs died. To resolve the above issues, a revised plan and method statement for the drive next to the trees has been submitted. The raised platform for vehicular access will protect the trees to the side of the property and the removal of one of the car parking spaces to the rear will ensure the retention of the adjacent tree. The large chestnut tree will be removed and replaced with an oak. The City Tree officer has confirmed that he is satisfied with the proposals. Therefore the scheme is in accordance with policy NE3. (E) WOULD THE PROPOSED DEVELOPMENT HARM THE CHARACTER OR APPEARANCE OF THIS PART OF THE WESTBURY ON TRYM CONSERVATION AREA? Policy B13 states that proposal within conservation areas should ensure that they preserve or enhance the character or appearance of the city's conservation areas. The scheme seeks consent to change the use of the building and provide additional parking within the rear garden area. The site is well screened by large trees which are protected by a preservation order. The revised proposals retain all the trees that are essential to the character of the site and the contribution the land makes towards the conservation area. No harm caused to the character of the Westbury on Trym conservation area. CONCLUSION The proposed development is considered, on balance to be in accordance with policy H1 and Planning Policy Statement 6. The change of use will not undermine the vitality or have any significant impact on Westbury Village centre, and the scheme would not raise any highway safety or residential amenity issues. Therefore, the proposal complies with the relevant planning policy and is recommended for approval. REASON FOR APPROVAL The decision maker in determining to grant Conditional Planning Consent for the development proposal has taken account of Section 38(6) of the Planning and Compulsory Purchase Act 2004 and concluded that the proposals accord with the policies of the Development Plan listed below in this Notice of Decision. Specifically it is considered that the proposed development is in accordance with National Planning Policy, and its impact on residential amenity and highway safety is acceptable; and full regard has been paid to all other material planning considerations including all representations made in respect of the application RECOMMENDED GRANT subject to condition(s) 1. SC1 Full Planning Permission The development hereby permitted shall begin before the expiration of three years from the date of this permission. Reason: SR1 - As required by Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and/or re-enacting that Order) the premises shall only be used for the purposes specified in the application and for no - 6 -

8 other purpose (including any other purpose in Class B1 on the Schedule to the Town and Country Planning (Use Classes) Order 1987 or any provision equivalent to that Class in any Statutory Instrument revoking and/or re-enacting that Order Reason: As stated on the planning application and to control how the building is used. 3. SC90 Replacement Tree(s) following felling of TPO Tree(s) A replacement tree which shall be a English Oak Tree shall be planted within the first available planting season following the felling of the Horse Chestnut tree hereby approved, or in accordance with the programme agreed in writing with the Local Planning Authority and shall be planted in the position shown on Plan No. PP01 Amended; unless any alterations to the species, size and location are agreed in writing by the Local Planning Authority. Reason: To ensure that an adequate replacement TPO tree is planted. 4. Refuse Storage and Recycling Facilities - Shown The refuse store, and area/facilities allocated for storing of recyclable materials, as shown on the approved plans, shall be provided before the use hereby permitted commences. Thereafter, all refuse and recyclable materials associated with the development shall either be stored within this dedicated store/area, as shown on the approved plans, or internally within the building(s) that form part of the application site, unless otherwise agreed in writing by the Local Planning Authority. No refuse or recycling material shall be stored or placed for collection on the public highway or pavement, except on the day of collection, unless otherwise agreed in writing by the Local Planning Authority Reason: SR29 - To safeguard the amenity of the occupiers of adjoining premises, to protect the general environment and to ensure that there are adequate facilities for the storage and recycling of recoverable materials to encourage energy conservation through recycling. 5. Parking The car parking area shown on the approved plans shall be completed before the development hereby approved is occupied unless otherwise agreed in writing by the Local Planning Authority, and thereafter, be kept free of obstruction and available for the parking of vehicles associated with the development. Reason: SR39 - To ensure that there are adequate parking facilities to serve the development. 6. Restriction of Parking Level Parking within the development site is to be restricted to the areas allocated on the approved plans and shall not encroach onto areas allocated on the plans for other uses Reason: SR40 - To control the level of parking on the site and to safeguard the uses of other areas. 7. Cycle Provision - Shown The cycle parking provision shown on the approved plans shall be completed before the development hereby permitted is occupied unless otherwise agreed in writing by the Local Planning Authority, and thereafter, be kept free of obstruction and available for the parking of cycles only

9 Reason: SR44 - To ensure the provision and availability of adequate cycle parking. 8. New driveway Advice(s) The proposed new driveway to the side of the building shall be constructed in accordance with the approved details on plan PP05. Reason: To protect the trees. 1. A04 Approved plans This application has been approved on the basis of the following plans/documents:- Site Location Plan, received 2 June 2009; Cycle Storage, received 2 June 2009; EX01 - Existing Plan & Landscaping Scheme, received 2 June 2009; EX02 - Existing Elevations, received 2 June 2009; EX03 - Existing Floor Plans & Roof Plan, received 2 June 2009; PP05 - Access driveway detail, received 21 July 2009; PP01/amended - Proposed Car Parking, Drive Way & Landscaping Scheme It is important that all works are carried out strictly in accordance with the plans, drawings and other supporting material submitted as part of this application and hereby approved. Should alterations or amendments be required to the approved plans, for example to satisfy requirements of other sections of Planning, Transport and Sustainable Development (such as Building Control) or other City Council Departments (such as Neighbourhood and Housing Services) or for any other circumstance, you should consult the Area Planning Team, Planning, Transport and Sustainable Development in writing before commencing any work. Failure to comply with this advice may render those responsible to enforcement proceedings, which may involve alterations and/or demolition of any unauthorised building or structures and may also lead to prosecution. 2. A69 Monitoring Advice Bristol City Council actively monitors the implementation of planning permissions. Please be aware that monitoring officers may visit the application site at various stages of the development process to ensure compliance with the approved plans and conditions. 3. A06 Discharging Conditions Requests for confirmation of compliance with condition(s) associated with this permission or consent should be made in writing or by using the application form Approval of Details Reserved by Conditions. A fee of 85 is payable for each request ( 25 if the request relates to householder development). A request may be for confirmation that one or more conditions imposed on the same permission have been complied with. We aim to respond within 8 weeks from receipt of the request and where confirmation has not been supplied within 12 weeks, the fee will be refunded. BACKGROUND PAPERS - 8 -

10 (Agent) 20 August 2009 Highways Development Control, Strategic Development Division 7 July 2009 Arboricultural Team 28 July 2009 Bristol Civic Society 30 June 2009 Arboricultural Team 7 July 2009 Economic Regeneration 15 July 2009 Ms Emma Davies 18 July 2009 Mr David McGregor 27 June 2009 Dr Mel Ward (on behalf of Westbury-on-Trym Society) 7 July 2009 Jeremy Heron 6 July August 2009 Joyce Heron 12 July 2009 Professor & Mrs Gordon Stirrat 14 July 2009 Mr G Richardson 16 July July 2009 Robert Heron 17 July 2009 Mr Matthew Read 17 August 2009 Doreen Gardner 19 June 2009 Dr S McMullen 21 July

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